11.07.060 Littering of public and private property.
A. Any person who knowingly deposits, throws, or leaves any litter on any public or private property or in any waters, or permits the same, commits the noncriminal municipal offense of littering.
B. It shall be an affirmative defense that:
1. Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property; or
2. The litter is placed in a receptacle or container installed on such property for that purpose; or
3. Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.
C. The term “litter” as used in this section means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description.
D. The phrase “public or private property” as used in this section includes, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, or building, any refuge, conservation or recreation area, and any residential, commercial, farm, or ranch properties.
E. Littering is punishable, upon conviction, by a fine as set forth in Appendix A of this code.
F. It is in the discretion of the Court, upon the conviction of any person and the imposition of a fine under this section, to suspend the fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon.
G. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom. (Ord. 200 §1, 1982; Amended Ord. 472 §5, 2003; Amended Ord. 713 §4, 2017; Amended Ord. 715 §2 (Exh. A), 2017)